Deltrend Pty Ltd (Trading as Computable Technology) v AST Australia Pty Ltd (Trading as AST Computers) [1995] FCA 172
Although the applicant may have difficulty in meeting a costs order, security should be ordered in a lump sum less than sought, given the company was trading and financial hardship may have been caused by the underlying dispute.
- Parties
- Applicant: DELTrend Pty Limited (Trading as Computable Technology); Respondent: AST Australia Pty Limited (Trading as AST Computers)
- Jurisdiction
- Australia
- Judgment Date
- 15 March 1995
- Procedural Posture
- Security for Costs Application / Interlocutory
- Outcome
- Security for costs ordered
- Legal Topics
- Security for Costs, Corporate Impecuniosity, Exercise of Judicial Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
DELTrend Pty Limited (Trading as Computable Technology)
Applicant
AST Australia Pty Limited (Trading as AST Computers)
Respondent
Procedural Posture
Security for Costs Application / Interlocutory
Legal Issues
- 1 Whether security for costs should be ordered against the applicant under s. 1335 of the Corporations Law
- 2 What amount of security (if any) is appropriate
Ratio Decidendi
Although the applicant may have difficulty in meeting a costs order, security should be ordered in a lump sum less than sought, given the company was trading and financial hardship may have been caused by the underlying dispute.
Court Disposition
Security for costs ordered
Orders
- Applicant in the action provide security for costs in the sum of $30,000
- Stand the matter over to 9.30 am on 3 April to discuss details and allow applicant to obtain instructions
Full Case Text
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